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| 1 | | AN ACT concerning criminal law.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Veterans and Servicemembers Court
Treatment |
| 5 | | Act is amended by changing Section 20 as follows:
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| 6 | | (730 ILCS 167/20)
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| 7 | | Sec. 20. Eligibility. Veterans and Servicemembers are |
| 8 | | eligible for Veterans and
Servicemembers Courts, provided the |
| 9 | | following:
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| 10 | | (a) A defendant, who is eligible for probation based on the |
| 11 | | nature of the crime convicted of and in consideration of his or |
| 12 | | her criminal background, if any, may be admitted into a |
| 13 | | Veterans and Servicemembers Court program
before adjudication |
| 14 | | only upon the agreement of the prosecutor and the defendant and |
| 15 | | with the approval of the Court.
A defendant may be admitted |
| 16 | | into a Veterans and Servicemembers Court program |
| 17 | | post-adjudication only with the approval of the court. |
| 18 | | (b) A defendant shall be excluded from Veterans and |
| 19 | | Servicemembers Court program if
any of one of the following |
| 20 | | applies:
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| 21 | | (1) The crime is a crime of violence as set forth in |
| 22 | | clause (3) of this subsection (b). |
| 23 | | (2) The defendant does not demonstrate a willingness to |
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| 1 | | participate in a treatment
program.
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| 2 | | (3) The defendant has been convicted of a crime of |
| 3 | | violence within the past 10
years excluding incarceration |
| 4 | | time, including . As used in this Section, "crime of |
| 5 | | violence" means: first degree murder,
second degree |
| 6 | | murder, predatory criminal sexual assault of a child, |
| 7 | | aggravated criminal
sexual assault, criminal sexual |
| 8 | | assault, armed robbery, aggravated arson, arson,
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| 9 | | aggravated kidnapping and kidnapping, aggravated battery |
| 10 | | resulting in great bodily harm
or permanent disability, |
| 11 | | stalking, aggravated stalking, or any offense involving |
| 12 | | the
discharge of a firearm or where occurred serious bodily |
| 13 | | injury or death to any person. |
| 14 | | (4) (Blank).
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| 15 | | (5) The crime for which the defendant has been |
| 16 | | convicted is non-probationable. |
| 17 | | (6) The sentence imposed on the defendant, whether the |
| 18 | | result of a plea or a finding of guilt, renders the |
| 19 | | defendant ineligible for probation.
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| 20 | | (Source: P.A. 98-152, eff. 1-1-14; 99-480, eff. 9-9-15.)
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| 21 | | Section 10. The Mental Health Court Treatment Act is |
| 22 | | amended by changing Section 20 as follows:
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| 23 | | (730 ILCS 168/20)
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| 24 | | Sec. 20. Eligibility. |
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| 1 | | (a) A defendant, who is eligible for probation based on the |
| 2 | | nature of the crime convicted of and in consideration of his or |
| 3 | | her criminal background, if any, may be admitted into a mental |
| 4 | | health court program only upon the agreement of the prosecutor |
| 5 | | and the defendant and with the approval of the court. |
| 6 | | (b) A defendant shall be excluded from a mental health |
| 7 | | court program if any one of the following applies: |
| 8 | | (1) The crime is a crime of violence as set forth in |
| 9 | | clause (3) of this subsection (b). |
| 10 | | (2) The defendant does not demonstrate a willingness to |
| 11 | | participate in a treatment program. |
| 12 | | (3) The defendant has been convicted of a crime of |
| 13 | | violence within the past 10 years excluding incarceration |
| 14 | | time. As used in this paragraph (3), "crime of violence" |
| 15 | | means: , specifically first degree murder, second degree |
| 16 | | murder, predatory criminal sexual assault of a child, |
| 17 | | aggravated criminal sexual assault, criminal sexual |
| 18 | | assault, armed robbery, aggravated arson, arson, |
| 19 | | aggravated kidnapping, kidnapping, aggravated battery |
| 20 | | resulting in great bodily harm or permanent disability, |
| 21 | | stalking, aggravated stalking, or any offense involving |
| 22 | | the discharge of a firearm. |
| 23 | | (4) (Blank). |
| 24 | | (5) The crime for which the defendant has been |
| 25 | | convicted is non-probationable. |
| 26 | | (6) The sentence imposed on the defendant, whether the |
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| 1 | | result of a plea or a finding of guilt, renders the |
| 2 | | defendant ineligible for probation.
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| 3 | | (c) A defendant charged with prostitution under Section |
| 4 | | 11-14 of the Criminal Code of 2012 may be admitted into a |
| 5 | | mental health court program, if available in the jurisdiction |
| 6 | | and provided that the requirements in subsections (a) and (b) |
| 7 | | are satisfied. Mental health court programs may include |
| 8 | | specialized service programs specifically designed to address |
| 9 | | the trauma associated with prostitution and human trafficking, |
| 10 | | and may offer those specialized services to defendants admitted |
| 11 | | to the mental health court program. Judicial circuits |
| 12 | | establishing these specialized programs shall partner with |
| 13 | | prostitution and human trafficking advocates, survivors, and |
| 14 | | service providers in the development of the programs. |
| 15 | | (Source: P.A. 97-946, eff. 8-13-12; 98-152, eff. 1-1-14; |
| 16 | | 98-538, eff. 8-23-13; 98-621, eff. 1-7-14.) |